<br />MINUTES OF THE SPECIAL MEETING OF THE
<br />EDINA CITY COUNCIL HELD AT CITY HALL ON
<br />APRIL 24, 1978
<br />4:30 P.M.
<br />Due notice having been given; Council convened in the City Hall Conference Room.
<br />Answering rollcall were members Courtney, Richards, Schmidt, Shaw, Van Valkenburg.
<br />Present also were nine members of the Community Development and Planning Commission.
<br />ORDINANCE NO. 811-All5 DISCUSSED. Council and the Commission informally discussed
<br />Ordinance No. 811-All5 which was granted First Reading on April 17, 1978, which
<br />ordinance proposes to revise Planned Residential District requirements.
<br />Hughes advised that the-proposed ordinance also calls for a 4/5 favorable rollcall
<br />vote by the Council for each reading of a zoning ordinance.
<br />means which could be used to reduce red tape for proponents of Planning proposals.
<br />The Mayor urged all members to make any recommendations that might help.
<br />I Mr.
<br />Also discussed were
<br />FOUNTAINWOODS APARTMENTS AGREEMENT REACHED. Mr. Erickson advised Council that
<br />the owners of Fountainwoods Apartments had agreed to remove the model apartment
<br />. from their grounds bv 1982 but haye proposed-to pay the City $200, rather than
<br />the $250 per month as originally requested by the City. It was also clarified
<br />that the City would not receive any payments for months when the property is
<br />not rezzted;
<br />its adoption'
<br />TJEIEl?EAS, the actions brought by First Wisconsin.Nationa1 Bank of Milwaukee
<br />("First Wisconsin") against the City of Edina and the Edina City Council, being
<br />Hemepin County District Court Cases No. M-731139, TJ-731140, and W-731141, relat-
<br />ing to removal of a one-story brick building (the "Building") on Outlot C,
<br />Walnut Ridge Third Addition, are now proposed to be settled and dismissed by . stipulation and with prejudice and without costs to any party, with all rights
<br />. of appeal waived, with First Wisconsin to pay for the filing of record of a .
<br />- -.Declaration and Agreement in which agreement is made for'certain payment to the
<br />City, the removal of the Building on or before midnight of December 31, 1982, and
<br />for restoration and landscaping all areas disturbed by such removal consist-ent
<br />with the then contour of, and landscapirrg on, the property and in a manner
<br />reasonably satisfactory to the Planning Department of the City and with City
<br />of Edina agreeing in said stipulation to the terms of this Resolution; and
<br />IJEEICEAS, such settlement is acceptable to the City and the City Council.
<br />NOW, THEREFORE, IT IS HEREBY RESOLVED that the above listed lawsuits be settled
<br />.m the above terms and conditions, and the Mayor and Manager are authorized and
<br />directed to enter into a stipulation so settling said lawsuits and providing for
<br />the filing of such a Declaration and Agreement, and are further authorized and
<br />directed to execute and deliver such a Declaration and Agreement.
<br />BE IT FURTHER RESOLVED, as consideration for and as a part of such settlement,
<br />that the Building shzll be allowed to renain in its present location, and to be
<br />used as a dwelling at such location, until December 31, 1982, unless prior
<br />thereto said Building is lawfully ordered, removed, or the use thereof is law-
<br />fully stopped, pursuaat to applicable codes, ordinances, or statutes, other
<br />than the zoning statutes and the zoning ordinance of the City, by reason of
<br />changes in the nature or condition of the Building hereafter occurring; that
<br />once the Building is removed, and the other agreements as set out in the recorded
<br />Declaration and Agreement are fulfilled, all pursuant to such Declaration and
<br />certificate in recordable form, reciting that the obligations imposed by said
<br />Declaration and Agreement have been fully performed. This.resolution shall not become effective until, and shall becoae immediately
<br />upon, the execution by the City and First Wisconsin of the stipulation settling
<br />said lawsuits as set forth above.
<br />Motion for adoption of the resolution was seconded by Councilman Shaw.
<br />Councilman Courtney then offered the following resolution and moved
<br />and upon written request, the City shall execute and deliver a
<br />Rollcall :
<br />Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
<br />Nays: None
<br />Resolution adopted.
<br />SK;'l"AI' AGREEiGNT FOB PARKIXG iGEiP APPROVED.
<br />proposed agreement between the City of Edina and the owners of the Red Barn, as
<br />recommended by the H.R.A. and the City Manager.
<br />the following resolution and moved its adoption:
<br />Discussion was held concerning the
<br />Councilman Richards then offered
<br />RESOLUTION APPROVING SKYWAY AGREEMENT FOR
<br />PARKING RAMP
<br />BE IT RESOLVED that the Edina City Council does hereby authorize the Mayor and
<br />Manager to execute the Skyway Agreement €or development of the Red Barn property